THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:
"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.
“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).
“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.
It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.
" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.
"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.
“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.
Tuesday, June 23, 2015
NYS OCA denies what the Delaware County Supreme Court Clerk says in a published audio recording to cover up misconduct of Judge Kevin Dowd and of court personnel at Judge Dowd's direction
NYS COA, without coming from New York City to Delhi, addressed on Monday June 22, 2015 my letter to Delaware County Supreme Court Clerk sent on Friday, June 19, 2015.
I published over this past weekend the audio recordings of my conversations with Delaware County Supreme Court clerk Kelly Sanfilippo as to denial of post-trial access to trial exhibits (while the trial was held illegally in my absence, during my legitimate documented medical leave), and after my access to the trial exhibits was blocked by extortion of the Harlem Law Office (recording also published) and refusal of Judge Dowd to follow court rules and to direct filing of the marked pleadings with the court 3 days before trial, for my review.
Refusal to compel the Harlem Law Office to follow the court rules and to file all marked pleadings, by the way, had to come not from judge Dowd, but from Judge Dowd's law clerk acting as judge while Judge Dowd was on vacation in Virginia (of which I was similarly not notified), see my blog posts here and here.
In the letter from NYS COA, attorney Shawn Kerby told me that Kelly Sanfilippo never had custody of the trial exhibits, but the Delaware County Clerk Sharon O'Dell had.
Yet, in the audio recording I published earlier, Kelly Sanfilippo admits to having custody of trial exhibits, that trial exhibits were at the time of the recording in HER office, never left HER office after trial, that Kelly Sanfilippo was arranging (before Judge Dowd stopped it) for my review of those trial exhibits under supervision of HER office's personnel.
Somehow, that evidence did not bother Shawn Kerby. Shawn Kerby is a staunch participant in NYS COA cover-ups of judicial misconduct by blocking my access to other evidence of judicial misconduct in 2010, 2011 and 2014 (videotapes of ex parte communications of judges in 2011 and 2014 and of orders to detain me in the courthouse for no reason in 2010):
Mary Rita Connerton - in 2010
Carl Becker - in 2011
Christopher Cahill - in 2014
In his present letter, Shawn Kerby also claimed that nobody ever denied me access to the trial exhibits. Not on May 22, 2015 (contrary to the audio tape), not on June 19, 2015 (contrary to the audio tape).
It is clear on the audiotapes that access to trial exhibits was denied to me on May 22, 2015 and June 19, 2015, by Kelly Sanfilippo's office, when Kelly Sanfilippo and not Sharon O'Dell (Delaware County Clerk) had custody of the trial exhibits, and at the direct oral order of Judge Dowd, while the judge refused to reduce his oral order to writing, trying to prevent my appeal of that order this way.
Since the records were ALLEGEDLY (because there is no trace of trial exhibits anywhere, there is no list of them in the trial transcript either) certified records from the Delaware County Clerk's office - at least exhibits 1-239, 265-270 admitted by Judge Dowd in bulk without looking what they are, whether they were certified, how they are relevant to the trial and whether they were even from the Mokay case - certified records of Delaware County Clerk should have been filed pre-trial with the court by Delaware County Clerk to preserve authenticity of certification, and should have remained post-trial with the court at all times.
Yet, now both Kelly Sanfilippo and Shawn Kerby "explain" to me that the trial exhibits that I was never allowed to see and that were never properly identified, marked and catalogued by the court or court stenographer, will return post-trial "to the party who submitted them", thus preventing me from presenting them to the appellate court - because, under the "peculiar" circumstances of this case, nobody can know for sure whether exhibits, if presented to the appellate court, will be the same as submitted to the trial court.
Judge Dowd outdid himself - he not only conducted an illegal ex parte trial in the absence of a counsel on medical leave, not only lied to the jury pool about it, not only granted all that plaintiffs'
attorneys asked (while plaintiffs themselves did not show up for trial), but also screwed up the record royally and prevented access of defense counsel to the record before or after trial and is in the process of disposing of the record, so that to leave the appellate court in the dark as to what was in those "certified records" admitted in bulk that Judge Dowd "thoroughly reviewed" and relied upon in his decision.
Well, we will see how this saga will develop with the New York State Commission of Judicial Conduct, the feds and the appellate courts.